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HomeMy WebLinkAboutD_Public_Art_Exemption_20240711DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Public_Art_Exemption_1032_Edmonds_Ave_NE_240711_Final PLANNING DIVISION PUBLIC ART EXEMPTION EVALUATION FORM & DECISION DATE OF DECISION: July 11, 2024 PROJECT NUMBER: LUA24-000199, AE PROJECT NAME: Sunset Community Church Mural PROJECT MANAGER: Mariah Kerrihard, Assistant Planner OWNER/APPLICANT: Carl Ueland Sunset Community Church 1032 Edmonds Ave NE, Renton, WA 98056 CONTACT: Carl Ueland 1032 Edmonds Ave NE, Renton, WA 98056 PROJECT LOCATION: 1032 Edmonds Ave NE, Renton, WA 98056 (APN 0923059086) PROJECT DESCRIPTION: The applicant is requesting a public art exemption for a community wall mural on the existing retaining wall located behind the church building at 1032 Edmonds Ave NE (APN 0923059086). The applicant received a grant from the Renton Municipal Arts Commission Grant Program in the amount of $5,000 for the artwork. The onsite retaining wall is located on the northeast side of the subject property facing southwest towards Edmonds Ave NE. Tenants within the building include the Sunset Community Church. The mural design will be completed by the Seattle artist Brady Black, and the proposed art is a community mural intending to represent diversity, joy, vibrancy, and beauty of the people of Renton (Attachments 1 and 3). The Renton Municipal Arts Commission reviewed the final proposed design concept art at a special meeting on June 25, 2024 (Attachment 2). CODE AUTHORITY: Renton Municipal Code (RMC) 4-9-160F gives the Department of Community and Economic Development authority to grant exemptions from the City’s Sign Code for 'objects of art' provided an Exemption Certificate for Public Art is issued. The code defines 'objects of art' as sculptures, wall paintings, murals, collages or banners by artists recognized by the Renton Municipal Arts commission. EVALUATION CRITERIA: Per RMC 4-9-160C, the Department of Community and Economic Development may determine that ‘objects of art’ are exempt from the requirements of the City's Sign Code when: a. Sited in a manner as to be readily accessible to pedestrians for passive viewing; b. Sited in a manner so as not to unduly divert the attention of motorists from the roadway; c. Stationary and do not revolve or otherwise move; d. Not illuminated; e. In good taste and reasonably reflect acceptable community values; Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 City of Renton Department of Community & Economic Development Certificate of Exemption From Sign Code for an Object of Art Sunset Community Church Mural LUA24-000199, AE Permit Date: July 11, 2024 Page 2 of 2 D_Public_Art_Exemption_1032_Edmonds_Ave_NE_240711_Final f. Of sufficient durability so as to have a life expectancy of at least ten (10) years; g. Not used or referred to in the media or by the owners of the premises or operators of businesses contained thereon for business advertising purposes. Staff finds the proposed exemption meets all seven (7) of the evaluation criteria. DECISION: An exemption from the City’s Sign Code regulations for an ‘object of art’ is hereby Approved . Attachment 1: Email request from Jessie Kotarski Attachment 2: Meeting Minutes from June 25, 2024, Renton Municipal Arts Commission Meeting Attachment 3: Project Narrative for Sunset Community Church Grant Agreement SIGNATURE & DATE OF DECISION: Matthew Herrera, Planning Director Date APPEAL: Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on July 25, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in p erson may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 7/11/2024 | 11:09 AM PDT 1 Mariah Kerrihard From:Clark Close Sent:Wednesday, June 26, 2024 10:25 AM To:Mariah Kerrihard Cc:Jessie Kotarski; Matthew Herrera Subject:FW: Art Exemption Permit Application: 1032 Edmonds Ave NE (Sunset Community Church) Attachments:Master Application 1032 Edmonds Sunset Comm Church Complete.pdf; Untitled_Artwork.jpg Follow Up Flag:Follow up Flag Status:Flagged Mariah, Thanks for being up for this assignment. Regards, CLARK CLOSE, Current Planning Manager City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov From: Jessie Kotarski <JKotarski@Rentonwa.gov> Sent: Wednesday, June 26, 2024 8:42 AM To: Clark Close <CClose@Rentonwa.gov> Subject: FW: Art Exemption Permit Application: 1032 Edmonds Ave NE (Sunset Community Church) Hi Clark! Can you route this Art Exemption permit to the correct person for review? Thank you! ~Jessie From: Jessie Kotarski Sent: Wednesday, June 26, 2024 8:32 AM To: Matthew Herrera <MHerrera@Rentonwa.gov> Subject: Art Exemption Permit Application: 1032 Edmonds Ave NE (Sunset Community Church) Hello Matt! Can you please route this to the planner of your choice? I am requesting an exemption for an Arts Commission funded project in the Sunset Neighborhood. Here is the information for the proposed mural: - Artist Information: ATTACHMENT 1 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 2 o Brady Black.The project is a collaboration between the Sunset Community Church, the Sunset community, artist Brady black and the Renton Municipal Arts Commission. - The selected and approved design is attached. - Photos of the proposed location (below): 1032 Edmonds Ave NE (on the retaining wall behind the church building facing southwest/Edmonds Ave NE) - The notarized Master Application is attached. JESSIE KOTARSKI, Economic Development Manager City of Renton | CED | Economic Development Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 3 Virtual Permit Center | Online Applications and Inspections (425) 430-7271 | jkotarski@rentonwa.gov Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 RENTON MUNICIPAL ARTS COMMISSION MINUTES *Special Meeting* Tuesday, June 25, 2024 – 6:00 pm via Teams Members Present: Brianna Burroughs, Clara Affleck, Dave Samek, Duffy Delgado, Evelyn Reingold, Jake Heare, Kaie Wise, Nadya Helt Staff Present: Jessie Kotarski, RMAC Staff liaison Old Business: Review of Final Proposed Concept Art for Sunset Community Mural The Commission met to review and discuss the proposed mural design concept by artist Brady Black for the community mural project at Sunset Community Church, located at 1032 Edmonds Ave NE. Following the presentation and a brief discussion, a motion was made and approved to accept the design as submitted and to approve the process for its installation. Adjournment: The meeting was adjourned at 6:14pm. RECEIVED 06/27/2024 MKerrihard PLANNING DIVISION ATTACHMENT 2 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 2024 GRANT BENEFICIARY/ARTIST AGREEMENT WITH SUNSET COMMUNITY CHURCH RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM THIS AGREEMENT, dated for reference purposes only as 3/13/2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Sunset Community Church (“Beneficiary/Artist”), a Washington State Nonprofit Corporation, and sets forth the terms and conditions under which the City will provide a grant to Beneficiary/Artist under the Renton Municipal Arts Commission, Municipal Art Fund, Grant Program (“Program”). The Program is funded through the Renton Municipal Art Fund (RMC 2-8-7.B) (“Fund”), as authorized by the Renton City Council on November 14, 2022 pursuant to RMC 2-8-4.C and 2-8-7.B.3. The City and the Beneficiary/Artist are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. RECITALS: WHEREAS, the City of Renton recognizes and acknowledges the importance of, and benefit to the public in, providing visual art and performance in its public works and facilities, and the community as a whole; and, WHEREAS, the City created the Renton Municipal Arts Commission (“Commission”) to advise the Mayor and City Council on artistic and cultural development of the City, and to disburse money budgeted to it for cultural arts performances and other events, art-related programs and activities and support of artists and arts and cultural organizations, as resources allow through the City’s Municipal Art Fund; and, WHEREAS, the Commission established Application Criteria (Exhibit 1), issued a Call for Application (Call for Application” at Exhibit 2), reviewed Applications (“Beneficiary/Artist’s Application” at Exhibit 3), and established a list of Projects awarded from the Fund (“Projects Awarded” at Exhibit 4), each Exhibit is incorporated herein by reference; and WHEREAS, on March 5, 2024, the Commission reviewed the Beneficiary/Artist’s Application and determined that the Beneficiary/Artist is eligible for assistance under this Program and is promoting arts and culture in Renton. ATTACHMENT 3 RECEIVED 06/27/2024 MKerrihard PLANNING DIVISIONDocusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 2 OF 16 NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties agree as follows: AGREEMENT 1. Grant Amount and Disbursement. a. Amount. The total amount to be awarded to Beneficiary/Artist under the Program is up to five thousand dollars ($5,000.00) as a reimbursement for eligible expenses. Except as specifically provided herein, the Beneficiary/Artist shall be solely responsible for payment of any taxes imposed as a result of this Agreement. b. Award Disbursement. i. Reimbursement Request. On a monthly, or no less than quarterly basis during any quarter in which artistic and cultural support is completed, Beneficiary/Artist shall submit reimbursement request(s) in a format acceptable to the City (Exhibit 5) with supporting documentation including, but not limited to, invoices or reports demonstrating expenses for which reimbursement is sought. ii. Effect of Award. Other than as specified, Beneficiary/Artist relinquishes the right to any financial proceeds in association with City’s use or reproductions of the PROJECT. iii. Payment. Payment shall be made by City within thirty (30) calendar days after receipt and approval by the appropriate City representative of the invoice. iv. No waiver. Payment for any reimbursement shall not constitute a waiver by the City of any remedies it may have for any breach of this Agreement by the Beneficiary/Artist. v. Tax implications. Grant funds may be taxable. Please consult your financial advisor/tax professional for guidance. If it is required by the IRS, a 1099 form will be issued to the Beneficiary/Artist. 2. Scope and Performance. Beneficiary/Artist agrees to create and install artwork or produce an event as specified in Exhibit 3 “Beneficiary/Artist’s Application” which is attached and incorporated herein. Such scope is hereinafter referred to as “PROJECT.” a. Prior to scheduling the installation or production, Beneficiary/Artist agrees to discuss the contents of the proposed PROJECT with designated City staff to address necessary Council approvals, coordination with affected City departments, compliance with affected City regulations such as signage or event permits, materials to be used, and/or documentation of agreements with Beneficiary/Artist partners such as private property where the PROJECT will be presented. These discussions may result in revision of the PROJECT as proposed. b. The final design will be provided to the City’s Municipal Arts Commission for review, request for further revision as needed, and final confirmation prior to installation or production of the PROJECT. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 3 OF 16 c. Beneficiary/Artist will be responsible for installing the PROJECT in its approved design at the location identified in Exhibit 3. d. Beneficiary/Artist agrees to create and install PROJECT no later than December 15, 2024. 3. Installation on Private Property. a. According to the Application (Exhibit 3), The PROJECT will be displayed or produced at the Sunset Community Church located at 1032 Edmonds Ave NE in Renton which is not owned and/or operated by the City or a public entity. b. As noted in Section 2.a of this Agreement, Beneficiary/Artist will provide the City with documentation of the property owner’s agreement to host the PROJECT including submission of all necessary permit applications to effectuate the PROJECT. Nothing in the Agreement is intended to, nor should be construed to, act as a guarantee that an application for a permit will be granted. c. Beneficiary/Artist agrees to inform the private property owner(s) of the obligation to consult with City’s Community & Economic Development Administrator prior to any removal or alteration of the PROJECT. d. City may, at its own discretion, cooperate with the private property owner and Beneficiary/Artist in the case private property owner has reason to remove or alter the PROJECT in the future, or if the PROJECT is impacted by wear, vandalism, damage, or other reason, to restore or relocate the PROJECT as necessary. 4. Beneficiary/Artist’s Grants and Representations: a. Delivery of PROJECT to City constitutes Beneficiary/Artist’s certification that: i. PROJECT is the original work of Beneficiary/Artist; ii. To the extent others contributed to the PROJECT, Beneficiary/Artist assumes all responsibility and liability for any claims of right to the PROJECT by such others; iii. Beneficiary/Artist owns all rights to PROJECT, including having obtained any rights that Beneficiary/Artist did not originally possess; and iv. if PROJECT contains recognizable images of particular persons, Beneficiary/Artist has obtained appropriate releases. b. Beneficiary/Artist acknowledges that, except for PROJECT to which section 3 of this Agreement applies, the PROJECT will be displayed on City-owned at the discretion of the City. The City retains all right to remove, maintain, restore, relocate, or otherwise alter the PROJECT on City-owned property in the future for any reason. c. Beneficiary/Artist grants to City a non-exclusive license to graphically and electronically reproduce PROJECT, while on display, for any and all future publicity endeavors conducted by City, provided that any such reproduction is credited to Beneficiary/Artist by name. City may use the Beneficiary/Artist’s photograph, other likeness, or biography in connection with the use of PROJECT. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 4 OF 16 5. Final Report: Together with the final reimbursement request, and in a format acceptable to the City (Exhibit 6), Beneficiary/Artist shall submit a final report detailing outcomes related to budget, activities, objectives, and attendance as first described in the Beneficiary/Artist’s application for the Grant. 6. Scope of Eligible Expenditures: Grant funds disbursed under this Agreement shall only be used to pay or reimburse eligible expenses as described in the Criteria (Exhibit 1) and in the “Program Call for Applications” (Exhibit 2) a. Reimbursement Defined. “Reimbursement” means grant disbursement to Beneficiary/Artist upon receipt by the City of invoices and documentation demonstrating eligible expenses. b. No Duplication of Payment. No grant funds may be used to pay or reimburse costs for expenditures for which Beneficiary/Artist has received any other funding, whether state, federal or private in nature, for that same expense. 7. Beneficiary/Artist Responsibilities. a. False Statement. The Beneficiary/Artist understands and acknowledges that providing false information in the Application or on any documents submitted to the City or its designees as part of the Beneficiary/Artist’s participation in the Program may constitute fraud, justify termination of this Agreement, trigger the Beneficiary/Artist’s obligation to return funds, and may be subject to civil and/or criminal penalties and/or sanctions. b. No Employee Relationship. The Beneficiary/Artist understands and acknowledges that neither the Beneficiary/Artist nor any officer, employee or agent of the Beneficiary/Artist shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Beneficiary/Artist or any employee of the Beneficiary/Artist. c. Non-discrimination. During the performance of this Agreement, the Beneficiary/Artist shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the Company’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. d. Sole proprietorship or Individual. If the Beneficiary/Artist is a sole proprietorship or if this Agreement is with an individual, the Beneficiary/Artist agrees to notify the City and complete any required form if the Beneficiary/Artist retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Beneficiary/Artist’s failure to do so. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 5 OF 16 8. Insurance: Beneficiary/Artist shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Beneficiary’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. e. Beneficiary/Artist shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Beneficiary/Artist liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Beneficiary/Artist to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. f. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the PROJECT. g. Beneficiary/Artist shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 9. Records: Maintenance, Access, Disclosure. a. Records Maintained. Beneficiary/Artist shall maintain all records and accounts with respect to all matters covered by this Agreement, including personnel, property, financial, and programmatic records and documents. b. Retention Period. These records shall be maintained for as long as may be required by applicable Washington State records retention laws, but in any case for a period of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper accounting for all funds and compliance with the Agreement. c. Litigation or Audit. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. d. Right of Access. The City, or its authorized representatives, shall have the right of access to records (electronic and otherwise) of Beneficiary/Artist in order to conduct audits or other investigations. e. Subject to Disclosure. Beneficiary/Artist acknowledges that records may be subject to disclosure under the Public Records Act, Ch. 42.56 RCW. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 6 OF 16 i. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Beneficiary/Artist shall make a due diligent search of all records in its possession or control relating to this Agreement and the PROJECT, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. ii. In the event Beneficiary/Artist believes said records need to be protected from disclosure, it may, at Beneficiary/Artist’s own expense, seek judicial protection. Beneficiary/Artist shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Beneficiary/Artist has responsive records and for which Beneficiary/Artist has withheld records or information contained therein, or not provided them to the City in a timely manner. iii. Beneficiary/Artist shall produce to the City for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Publications. Any publications produced with funds from this Agreement must display the following language: “This project is being supported, in whole or in part, by a grant from the City of Renton.” 11. Disclaimer by the City. The City expressly disclaims any and all responsibility or liability to Beneficiary/Artist or third persons for the actions of Beneficiary/Artist or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This Agreement does not in any way establish an agency relationship between or among the City and/or Beneficiary/Artist. 12. Expenses Incurred in Excess of Program Award Funds. Beneficiary/Artist acknowledges that any expenses incurred in excess of Program Award Funds are the Beneficiary/Artist’s sole responsibility and will not be paid by the City. 13. Repayment of Funds. If any funds provided to Beneficiary/Artist were used in a manner that is not consistent or allowable as outlined in this Agreement, Beneficiary/Artist shall return funds to City in the amount determined to be ineligible. Beneficiary/Artist further agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Beneficiary/Artist’s failure, for any reason, to comply with the terms of this Agreement. This duty to repay the City shall not be diminished or extinguished by the termination of the Agreement. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 7 OF 16 14. Termination. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Beneficiary/Artist in writing. In the event of such termination or suspension, Beneficiary/Artist waives any right to un- distributed portions of the award. 15. Conflict of Interest. a. Beneficiary/Artist designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to the Program during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Program, are barred from any interest, direct or indirect, in any grant or proceeds of the Program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure. b. The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Beneficiary/Artist shall not give a gift of any kind to City employees or officials. c. Beneficiary/Artist also confirms that Beneficiary/Artist does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Beneficiary/Artist, negotiating or administering this Agreement, or evaluating the Beneficiary/Artist’s performance of the Work. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jessie Kotarski Economic Development Manager CED/City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057 Phone: (425) 430-7271 Email: jkotarski@rentonwa.gov BENEFICIARY/ARTIST Andrew Fouché Governor Sunset Community Church 1032 Edmonds Ave NE Renton, WA 98056 Phone: (972) 921-6501 Email: andrew@sunsetcommunity.church Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 8 OF 16 17. Waiver/Conflict of Terms. a. Any waiver by the Beneficiary/Artist or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. b. In the event of any inconsistencies between Beneficiary/Artist proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Beneficiary/Artist- prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. 18. Modification. This Agreement may only be amended by written agreement signed by both Parties. 19. Conflicts. In the event of any inconsistencies between Beneficiary/Artist proposals or Beneficiary/Artist-prepared exhibits and this Agreement, the terms of this Agreement shall prevail. 20. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Agreement are declared severable. 21. Governing Laws. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King City Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King City, Washington, or its replacement or successor. Beneficiary/Artist hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Beneficiary/Artist is a foreign corporation not registered with the State of Washington. 22. Indemnification. To the maximum extent permitted by law, Beneficiary/Artist shall, at its cost and expense, protect, defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Beneficiary/Artist, its directors, officers, employees, or agents, relating in any way to Beneficiary/Artist’s performance or non-performance under the Agreement. Beneficiary/Artist agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 employees or agents. For this purpose, Beneficiary/Artist, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination of the Agreement. 23.Complete Agreement. This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Exhibits 1-Renton Municipal Arts Commission Grant Program -Application Criteria 2 -Renton Municipal Arts Commission Grant Program -Call for Applications 3 -Renton Municipal Arts Commission Grant Program -Beneficiary/Artist's Application 4 -Renton Municipal Arts Commission Grant Program -Projects Awarded 5 -Renton Municipal Arts Commission Grant Program -Reimbursement Request Form 6-Renton Municipal Arts Commission Grant Program -Final Report Form IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:--,-_______ _ Gina Estep CED Administrator Date Approved as to legal form: M.Patrice Kent Sr. Assistant City, Attorney BENEF'.CIARY �. ..--- By���Andrew Fouche Governor te ' Grant Template: 12.3 {File# 2877 -Award Ref #:_2_9_6_9_� PAGE 9 OF 16 6/21/2024 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 11 OF 16 EXHIBIT 1: RENTON MUNICIPAL ARTS GRANT PROGRAM APPLICATION CRITERIA Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 DEADLINES Applications are reviewed on a quarterly basis. Applications MUST be submitted electronically by 4:30pm on the day of the deadline or they will not be considered in that quarter. Q1 - October 13, 2023 Q2 - February 2, 2024 Q3 - April 19, 2024 Q4 –July 19, 2024 GET HELP We are on hand to answer your questions and assist with your application. Call during regular business hours. Arts@rentonwa.gov 425.430.7271 arts@rentonwa.gov SUPPORT FOR THE ARTS IN RENTON Funding for arts, cultural and heritage projects that serve residents and visitors in Renton, Washington We encourage innovative projects by artists and communities that showcase cultural diversity, increase understanding, and inspire new forms of creative participation and opportunities for growth, particularly for under-served groups. Historically, grants have been awarded in amounts between $500 and $10,000. Projects must take place during 2024 and should be completed by December 15, 2024. 2024 Grant Guidelines Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Page 2 Program Overview Purpose The City of Renton, through the Renton Municipal Art Commission, offers grants to individuals, organizations and community groups for arts and culture projects and events that serve the general public in Renton. Public Funding = Public Benefit Projects should provide public benefit. Examples of public benefit are: •Free public performances, exhibitions, workshops, screenings, or readings. •Scholarships to ongoing, fee-based arts educational or training programs. •Services that expand access and inclusion to individuals with limited physical or English- speaking abilities. Grant Awards have been used to: •Produce one-time performances, exhibits, special events or programs that bring arts or cultural experiences to Renton residents. •Provide opportunities for independent artists to develop and present new work in all mediums. •Improve arts and cultural opportunities for artists and audiences from diverse communities. •Participatory and educational opportunities for youth, multicultural, seniors, and special populations. •Increase access to arts and cultural events by providing discount tickets and/or free educational programs. •Projects that are not: located in Renton; primarily benefit Renton residents; or are not offered free of charge, or at reduced rates to the extent possible; •Projects that are not open to the public; •Projects that have already been completed; •Projects that support or oppose a specific interest such as a particular business, political, or religious viewpoint or organization; •Capital construction projects; •Projects that use the Grant funds to provide cash awards to individuals; •Projects which preclude reasonable access by the general public, such as in a location not open to the general public, or for which membership is required, or admission charges cannot be reduced or waived for access Funding Restrictions include: The following types of projects are NOT eligible for funding: Application Review Process Commission reviews and approves awards for projects. The City of Bellevue reserves the right to change this timeline. 2019 Special Projects Guidelines Approvals are based on recommendations from the Arts Commission Grants Committee. Applications are reviewed on a competitive basis according to the overall purpose of the program and the criteria for eligible organizations. Incomplete applications submitted after the deadline may not be reviewed. 2024 Timeline (quarterly review) Applications MUST be submitted by 4:30pm on the day of the deadline or they will not be considered in that quarter. Sept 2 Oct 13 Oct 23 Dec 5 Quarter 2 Feb 2 Feb 12 Mar 5 Quarter 3 Apr 19 May 6 Jun 4 Quarter 4 Jul 21 Aug 7 Sept 5 Online application available Applications due Grants Committee Review Arts Commission review of recommended applications Applications due Grants Committee Review Arts Commission review of recommended applications Applications due Grants Committee Review Arts Commission review of recommended applications Applications due Grants Committee Review Arts Commission review of recommended applications Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Page 3 Funding Generally, the maximum award is $10,000 and the minimum award is $500. However, the Arts Commission may recommend greater or lesser amounts. Timing of Projects Projects must take place during 2024 and should be completed by December 16, 2024. Payment Payment for reimbursable expenses will be made at the end of the project. Exceptions may be made, depending on circumstances and City policy. The funding recipient will turn in invoice(s) and a final report to the Arts Commission for reimbursement. Invoices and final reports are due by December 19. Checks are normally mailed within 30 days of the invoice date and receipt of completed paperwork. Eligibility Who May Apply •Individuals, groups of people (all ages), neighborhood or business organizations seeking funding for an art project or cultural event •Independent Artists, Arts and Cultural organizations, including professional and community-based groups •IRS not-for-profit status – 501 (c)(3) – is not required. •A City of Renton business license may be required. Evaluation Criteria Artistic Innovation •Quality and promise of the proposed arts, cultural, and heritage project to meet the cultural needs of an audience and/or constituent group. •Innovative approach to foster creative and civic participation by Renton's diverse residents and visitors, particularly underserved people and communities. •Fills a gap in art, cultural, or heritage offerings and opportunities not regularly available to Renton residents and visitors. •Proposed projects must take place in Renton. •Proposed projects must serve and be accessible to residents of Renton. • • Proposed projects must present new works to the public. Priority will be given to projects that involve Renton-based artists and organizations. •Demonstrated experience of project leaders to accomplish the scope and scale of the project. •Evidence of thoughtful planning including clearly articulated goals and process for evaluation. •Realistic budget and timeline. Public Access and Benefit Project Feasibility Application Instructions •Complete the application available on rentonwa.gov/ rmac, including supplemental materials •Incomplete and/or inaccurate applications will result in return of application, delaying funding consideration or potential denial of funding consideration. •Start the application process as far in advance as possible at least three months before your project start or event date •Submit completed application to arts@rentonwa.gov •You may be asked to present your proposal to the Arts Commission •For additional information or clarification, please call (425)430-7271, or email arts@rentonwa.gov Application packet The application is available at rentonwa.gov/rmac, and is due according to the schedule above. Please complete the form in its entirety and submit it along with all supplemental materials online. Incomplete applications will delay funding consideration. Additional information or clarification may be requested by the Grants Committee. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 12 OF 16 EXHIBIT 2: RENTON MUNICIPAL ARTS GRANT PROGRAM CALL FOR APPLICATIONS Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 1055 South Grady Way, Renton, WA 98057 | 425-430-6400 | rentonwa.gov | CITY OF RENTON FOR IMMEDIATE RELEASE Sept. 12, 2023 City of Renton Contacts Laura Pettitt, Communications Director Jessie Kotarski, Economic Development Manager, 425-430-7271 Renton Municipal Arts Commission accepting 2024 grant applications Deadline is 4:30 p.m. on Friday, Oct. 13, 2023 RENTON, WA – Renton Municipal Arts Commission announces the opening of applications for the 2024 Arts & Culture Grants, inviting individuals, organizations, and community groups to bring their creative visions to life for the enrichment of Renton residents and visitors. The Arts & Culture Grants initiative is a catalyst for community-driven artistic endeavours, fostering a deeper connection to the arts and heritage among the people of Renton. Embracing the vibrancy of Renton's cultural mosaic, the commission welcomes inventive projects that celebrate diversity, enhance individual and societal understanding, and ignite fresh avenues of artistic engagement. Special attention is given to projects that empower underserved communities. These grants support a diverse range of artistic programming, encompassing compelling art exhibitions, emotionally resonant concerts, enthralling dance performances, vibrant festivals, educational workshops, thought-provoking readings, and engaging theater productions. Applicants have the chance to secure grants of up to $10,000, with a single grant per calendar year for each eligible applicant. In 2024, the grant application process will include four distinct funding rounds. The deadline for the first round is set for October 13, 2023, at 4:30 p.m., with a primary emphasis on projects and events scheduled for January through March 2024. For the year 2023, applicants can apply for grants during three cycles, with deadlines falling on February 2, April 19, and July 19. For additional support and insights, the Renton Municipal Arts Commission will host two drop-in Q&A sessions. Join us on Monday, September 25, from 11 a.m. to 12 p.m., and Tuesday, October 10, from 6 p.m. to 7 p.m. at the Renton Library. These sessions provide an informal opportunity to connect with the grant committee, seek clarity, and engage with other applicants. No pre-registration is required; simply bring your questions. For inquiries related to the application process or the Arts & Culture Grants, please don't hesitate to reach out to Jessie Kotarski, the City of Renton’s Economic Development Manager, at 425-430-7271 or arts@rentonwa.gov. We look forward to seeing your innovative proposals and celebrating the transformative power of arts and culture in our vibrant community. About the City of Renton Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 1055 South Grady Way, Renton, WA 98057 | 425-430-6400 | rentonwa.gov | The City of Renton, Washington, with a population of 107,500 (2022), is located on the southeast shore of Lake Washington, just south of Seattle. Renton's strong economic base, diverse marketplace, and favorable business climate have attracted nationally recognized companies wishing to provide employees and their families with an outstanding quality of life. Renton is the home of Boeing, PACCAR, IKEA, Super Bowl Champion (2014) Seattle Seahawks, two-time (2016 & 2019) MLS champion and CONCACAF Champion (2022) Seattle Sounders FC (in 2024), and the eternal resting place of rock icon Jimi Hendrix. More information is on our website, in news releases, or on Facebook, Twitter, and Nextdoor. About the Renton Municipal Arts Commission Renton Municipal Arts Commission was created in 1965. The members advise the city government about the artistic and cultural development and serve as stewards of the city's art collection. In addition, the commission strives to support and connect people with arts and culture endeavors in the Renton community. For more information about the Renton Municipal Arts Commission, contact arts@rentonwa.gov or facebook.com/rentonarts. ### Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 13 OF 16 EXHIBIT 3: RENTON MUNICIPAL ARTS GRANT PROGRAM BENEFICIARY/ARTIST’S APPLICATION Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 3 PROJECT BUDGET Complete the following table (or submit a separate budget) to detail the costs involved in the project. The budget must reflect actual costs associated with the project (please submit available quotes and estimates if available). A: Personnel (Project Related) Amount Requested from City Matching Funds In-Kind Donations Total Expenditure Notes Give details here. Artistic Administration Technical Other Total Personnel Expenditures B: Implementation (Cost of Project) Supplies/Materials Promotion/Printing Postage Artistic Services Other Professional Services Space/Equipment Rental Travel/Transportation Other Total Implementation Expenditures Total Expenditures (A+B) Project Title Date of event/ project start Sunset Commununty Mural Art Project Spring/Summer 2024 2000 Artist fee 700 2000 700 2700 2400 Paint and community materials (brushes, painting equipment) 3000 5 days of professional painting services 1500 Assistants 400 Scaffold rental 3000 4300 7300 5000 5000 10000 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 14 OF 16 EXHIBIT 4: RENTON MUNICIPAL ARTS GRANT PROGRAM PROJECTS AWARDED Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Applicant Contact Person and Title Contact Email Contact phone # Address Project or Event Title Project dates Project Summary Funding Request RMAC Funding Amount Look, Listen, and Learn TV Jessica McCarthy, Sponsorship Manager sponsorships@loo klistenandlearn.org (206) 992-3818 100 Andover Park West, Suite 15-121 Tukwila, WA 98188 P.A.L. Spring "friend- raising" event 5/4/2024 Our second annual P.A.L. event will have the theme “Fun, Flowers and Friends†, and will take place on Saturday, May 4th, 2024 from 1-5pm at Family First Community Center in Renton. P.A.L. stands for Possum and Auntie Lena, the stars of Look, Listen + Learn, our Telly Award-winning & Emmy-nominated early learning television show that broadcasts yearound to nearly 25,000 families on Puget-Sound area public access stations and YouTube. This free community “friend-raising†event is an in-person version of the show, allowing families to participate in activities that represent the show’s segments – a reading corner, healthy cooking activities, and art projects – highlighting themes from our current season. We also found quite a few of the kids who appeared in Season 4 at last year’s P.A.L. event, and we are excited to see who expresses interest for Season 5! We are inviting our production partners to join us with activity $9,800.00 $2,500.00 Renton Civic Theatre Bill Huls bill@rentoncivicth eatre.org (425) 226-5529 507 S 3rd Street, Renton, WA 98057 RCT's Production of Plaza Suite January 8th-March 2nd RCT has the opportunity to produce Plaza Suite by one of America’s Greatest Playwrights, Neil Simon. An ingenious comedy where our two leads each play three different couples at unique stages of their relationship. These three 1 Act plays are filled with moments of hilarity, hardship, sadness, and hope making this play perfect for audiences at RCT. Our director, Misty Doty, is a lifelong theatre educator, actor, and director in the Pacific Northwest. We are excited for her vision of this production and know audiences will connect to storytelling Misty and the actors will portray on our stage. $10,000.00 $3,000.00 Robot Mom Creations LLC Amy Handy iamrobotmom@g mail.com (603) 557-5123 5316 NE 4th Ct Renton, WA 98059 Resin Art Classes offered at Renton Rec Center, with additional programing being offered at city events throughout the year May 2nd is the start date of the first session of classes, the last program would run in December I am working with Jacki Watson to set up a Resin Art Program at the Renton Recreation Center. I have been told that there is a need for art classes particularly for teens and adults in our community. It is my goal to be able to offer these classes at an affordable rate. The problem that I am having with trying to do this is that the cost of materials and PPE are expensive. There is really no way for me to cut costs on my courses without it costing me money to teach. I plan to use grant funds to purchase class materials which would allow me to offset my overall costs allowing me to greatly reduce the costs of my classes making them more affordable and therefore more accessible to the community. $10,000.00 $2,682.00 Sunset Community Church Aaron Zavala aaron@sunsetcom munity.church (972) 921-6501 1032 Edmonds Ave NE, Renton, WA 98056 Sunset Community Mural Art Project Spring/Summer 2024 We want to provide the Sunset Community neighborhood the opportunity to beautify our growing neighborhood and city. We are proposing a community mural for the SR 900 wall on NE Sunset Blvd and Edmonds Ave NE that would represent diversity, community, joy, vibrancy, and beauty of the people of Renton. The mural design would be done by Seattle artist Brady Black. Sunset Community Church would host a fun and family-friendly painting day on their property for the neighborhood and surrounding community to come out and participate in the painting process. Brady Black would complete the mural after the community painting day. We believe art fosters community. The goal of this project is to provide a sense of ownership for the people of the Sunset neighborhood and surrounding communities in creating something beautiful and meaningful in our city. Adding color and artwork to the SR 900 wall will brighten $5,000.00 $5,000.00 Total funds requested and awarded (2024) $41,800.00 $18,182.00 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 15 OF 16 EXHIBIT 5: RENTON MUNICIPAL ARTS GRANT PROGRAM REIMBURSEMENT REQUEST FORM Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Recipient name Mailing address Contract No.  Date Invoice # Description Artistic/   Administration Supplies Event Misc Total $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$$ $$$$ Totals $$ $ $ $ Copies of invoices, receipts, or other items that reflect project expenses Completed Final Report Attached IRS Form W9 Amount requested $ Signature Printed name Exhibit 5 RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM   Reimbursement Request Form Attached supporting documentation for expenses to demonstrate, by date, expenses were  incurred following the execution of the contract and no later than December 16, 2024. Sufficient  documentation includes: Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 PAGE 16 OF 16 EXHIBIT 6: RENTON MUNICIPAL ARTS GRANT PROGRAM FINAL REPORT FORM Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Renton Municipal Arts Commission Renton City Hall 1055 South Grady Way Renton WA 98057 Exhibit 6 RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM Final Report Form Organization Name: Mailing Address: Contact Name: Contact Phone: Contact E-mail: Reimbursement amount request: Project start date: Project end date: Briefly describe the outcome of your project including benefits to the public (e.g. free public performances, exhibitions, workshops, screenings, or readings; scholarships to ongoing, fee-based arts educational or training programs or accommodations made to expand access and inclusion to individuals with limited physical or English-speaking abilities). Estimate (or provide direct counts for ticketed events) the number of participants involved in the project: Describe promotional efforts for this project. Attach schedule of activities; reports and publications; copies of printed publicity, programs, newspaper clippings; or photos. Note: These attachments are necessary to document that the project was completed as stated in your application. A requirement of the grant contract is to show that the "credit line" for support from the Renton Municipal Arts Commission was used in publicity. Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Renton Municipal Arts Commission Renton City Hall 1055 South Grady Way Renton WA 98057 Did you achieve the goals you had set for the project? Describe. Describe any difficulties. (For example: scheduling difficulties, problems in getting people to participate, low attendance, etc.) We certify that the information contained in this report is true and correct to the best of our knowledge. I acknowledge that we’ve made a copy of this final report for our records _________________________ ___________________________ Printed Name Authorized Signature _________________ Date Return form and report to: Renton Municipal Arts Commission, 1055 S Grady Way, Renton, WA 98057 or arts@rentonwa.gov (email or call 425-430-7271) if you have questions) Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3 Docusign Envelope ID: F190B863-E491-4F48-A884-767D137384A3